I have a friend who was involved in a physical domestic dispute over a week ago. Should she call the police to press charges against her ex or is it too late since she didn't call the day of the incident?
2006-08-29 17:34:43 · 11 answers · asked by corsby 1212 1 in Politics & Government ➔ Law Enforcement & Police
does she still have marks on her body? she can call the cops and speak to an officer, but it would really help if the abuse is still existent. i don't know if they will do anything for the first call. if it happens again she should immediately go to the cops, or take photos of what he did
2006-08-29 17:42:35 · answer #1 · answered by . 5 · 1⤊ 0⤋
I would call the police, at the very least, under california law, officers will document the incident.
If she wants him arrested, she will have to have some type of visible injury still to get him for a felony PC 273.5 (domestic violence).
If she did not get any visible injuries during the incident the officers could get him for PC 243(e)(1) (domestic abuse)-misdemeanor. The likelihood of him being arrested that day, are 50/50 depending on what you look like, what happend, and such.
An officer can always document it, and in the text of the report ask the DA to file charges against him/her for the incident that occured. So even though he may not be arrested that day, a warrant for his arrest regarding the incident can be issued if the DA decides to prosecute based on what he read, and the pictures of the victim, if there were any visible inuries still.
She will have to explain why she didn't call the police the day it happened, that will always be asked. If she says becuase It wasn't a big deal, it probably wont go anywhere. If she was scared for her safety, yeah.
2006-08-29 19:13:48 · answer #2 · answered by JAG 2 · 0⤊ 0⤋
This response depends from what state you are from? In Texas, its not too late to file a report, but I don't think they will arrest the ex because the charges should had been done on the day of the offense.
Remember its best for the person to immediately report the incident to the police, file for a report and press charges for assault which is a class A misdemeanor.
Hope to have answer your question!
2006-08-30 12:14:12 · answer #3 · answered by cool_dude 2 · 0⤊ 0⤋
She can report it anytime. However, she loses credibility the longer she waits after it occurred. Plus, now it becomes a he said/she said incident because she did not report it immediately.
I assume at this point, her safety is more important than prosecution. She should report it, regardless of whether or not she files charges. This way it starts a paper trail for when (not if) it occurs again. She can also (this is the most important) go to the local court (either Chancery or General Sessions) and obtain an Order of Protection (also called a Protection Order). This is an order that allows an officer to make an arrest if he violates the order. Most have a no contact provision that means he can't call or come see her.
The Order of Protection is at little or no cost to her but it could save her (and her children, if any) life.
2006-08-29 18:05:51 · answer #4 · answered by tnmack 3 · 1⤊ 0⤋
It is not too late and yes she should phone the police.
Depending on if there is still physical evidence and/or witnesses to the assult the police may or may not press charges.
Even if the police do not have enough evidence to press charges at least there will be a record of a coplaint. This can be used if he attempts to harm her again.
2006-08-29 17:46:57 · answer #5 · answered by Anonymous · 0⤊ 0⤋
She should call the police and report it. It may be true that the passage of time will be a problem and the case will not be prosecuted as it would have been had she reported it in a timely matter. In addition to reporting it she should contact a Domestic Violence support group in you area and begin attending. Not taking action is like saying to the ex that it is OK at least in his mind. It is clearly impowering him to do it again!! Call her as soon as you read this and advise her to call the police!
2006-08-29 17:42:50 · answer #6 · answered by ? 6 · 1⤊ 0⤋
It is always best if you contact the authorities as soon after the incident as possible. It is still perfectly fine for her to contact them now and file a report of what happened; and discuss if she is going to file charges against this person. Best of luck to her, and bless you for being a good friend and helping her through this difficult time.
2006-08-29 17:43:20 · answer #7 · answered by Sue F 7 · 0⤊ 0⤋
commonly, it really is a minimum of two years. the region even as there is too a lot time is that evidence isn't as ordinary to carry mutually. There are not damaged lamps, dishes, etc scattered about the living house, bruises would have healed, etc. yet do not enable that discourage you. If not something else, it is going to a minimum of commence to ensure a progression. and do not flow back to him except you're surely powerful that he's gotten clinical care and wont damage you. And make that call with the rational portion of your mind, not your emotional section. Abusive companions are really experienced at manipulating your thoughts into believing them. Get a 2d opinion from someone who's not as emotionally linked to him.
2016-12-05 22:55:26 · answer #8 · answered by padillo 4 · 0⤊ 0⤋
report the incident anyway... if she went to the hospital or a doctor even better for documentation.... she should leave him and she can get a restraining order against him... she needs to stand on her own and she needs her Friends standing with her..
2006-08-29 17:42:57 · answer #9 · answered by bluedanube69 5 · 1⤊ 0⤋
not too late file
2006-09-01 06:33:11 · answer #10 · answered by aldo 6 · 0⤊ 0⤋